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Gespräch am 13.7.2016


Prof. Dr. Peter B. Kutner (University of Oklahoma):
"Transferred intent" liability in tort law

"Transferred intent" is a doctrine of tort law which holds people liable on the basis of intentional tort when their conduct caused consequences they did not intend. In the United States, and perhaps in other countries with common law legal systems, transferred intent applies to the torts of battery and assault.  William Prosser, the most prominent American author on tort law, claimed that transferred intent was a doctrine of English common law and that it extended to false imprisonment, trespass to land and trespass to chattels.  However, neither claim is correct.